Terms and Conditions B2B
General Terms and Conditions (GTC) for B2B cooperations with Petporträt
1. Subject of the Contract
These GTC apply to all cooperations between De Angelis Consulting & Commerce (Petporträt) (hereinafter "Contractor") and companies, brands or agencies (hereinafter "Client"), where partner artists from the Petporträt team provide artistic services within the framework of events, product promotions or marketing campaigns.
2. Services of the Contractor
The Contractor shall provide one or more professional artists who will create personalized drawings and paintings as requested by the Client within the scope of the cooperation. The type and scope of the services will be specified in the respective offer. There is no obligation to deliver physical products unless expressly agreed upon.
3. Personalization and Artistic Freedom
The works created are based on individual customer wishes, photographs or descriptions. As these are handmade works, there is no claim to exact reproduction. Artistic freedom regarding style, expression and interpretation is expressly reserved. Deviations do not constitute a defect.
4. Exclusion of Liability
The Contractor shall only be liable for damages resulting from intentional or grossly negligent breaches of duty on their part.
The artist, as an independent service provider, is solely liable for damages caused by the artist – for example, to the Client's products, to third-party property, or due to incorrect representations. The Client undertakes to contact the artist directly in the event of damage. Compensation or liability by Petporträt is excluded.
5. Copyright and Transfer of Rights
The artist grants the Contractor – and the Contractor, within the scope of the contract, grants the Client – an exclusive, unlimited in time and space, and transferable right of use to the created works.
This includes, in particular, the right to reproduce, distribute, display, edit, publicly perform (online and offline), and to use for commercial, advertising, and editorial purposes.
The Client is entitled to use and market the works in its own name or to grant rights of use to third parties, unless contrary contractual agreements have been made.
To the extent legally permissible, the artist waives the right to be named.
6. Use of Image Material and Brand Naming
The Contractor is entitled to use selected photographs of artworks created within the framework of the cooperation for self-promotion on their own website, in social media, and in other marketing materials. For this purpose, the Client grants the Contractor a simple, revocable right of use to image material of the products and the right to use brand names (e.g., logos or product names) in the context of the project's presentation. The Contractor may publicly refer to themselves as a "Design Partner" or "Cooperation Partner" in this context.
7. Execution and Infrastructure
The Client shall provide suitable infrastructure for the execution of the artistic services. Materials for the provision of artistic services such as paper, paints or brushes will be provided by the artist, unless otherwise agreed.
8. Data Protection
In the course of the cooperation, personal data (e.g., photos, names, animal images) may be processed. The Client is responsible for ensuring that the consent of the data subjects has been obtained. The Contractor processes this data exclusively for the fulfillment of the contractual services and in accordance with applicable data protection regulations.
9. Force Majeure
If the service cannot be provided due to force majeure (e.g. illness, natural disasters, pandemic-related restrictions), there shall be no claim for damages. Payments already made will be reimbursed proportionally, provided that no service has been rendered.
10. Final Provisions
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. Amendments and additions must be made in writing. German law applies. The place of jurisdiction, as far as permissible, is the registered office of the Contractor.